Victim's uncle: 'He was a good person, but he was troubled'

Charles Edward Waters, left, and public defender Eric Zale sppear in Boulder County Court on Thursday morning. Waters, 56, was arrested last Friday after police responded to a call that two men had been stabbed in an abandoned shed in the 3100 block of Pearl Street. One of the victims, Johnny Mack Rasnick, later died. (Paul Aiken / The Camera)

A Boulder homeless man accused of stabbing two other transients -- one of them fatally -- last week was charged Thursday with second-degree murder, attempted first-degree murder and first-degree assault.

Charles Edward Waters, 56, was arrested Friday morning after Boulder police responded to a report of a stabbing near an abandoned shed in the 3100 block of Pearl Street.

One of the victims, Johnny Mack Rasnick, 43, died at Boulder Community Hospital later that morning. The other victim, Michael Giampino, 28, has been released from the hospital.

Waters originally was arrested on suspicion of first-degree murder, which requires prosecutors to prove deliberation and intent, and attempted first-degree murder.

Johnny Rasnick, stabbed to death last week in Boulder, seen in a Boulder County Sheriff's Office booking photo from a previous arrest. (Boulder County Sheriff's Office)

Second-degree murder means that a person knowingly caused the death of another.

Boulder County District Attorney Stan Garnett said the charges are based on the evidence.

"In any case, we review the evidence and file charges based on what we think we can prove," he said.

Waters, who goes by "Eddie" and was frequently seen playing his guitar on the Pearl Street Mall, told police he was sleeping in the shed and acted in self-defense. Giampino told police he was sleeping in the shed when Waters entered, and the attack was unprovoked.

Both men told police they did not know each other or Rasnick.

A preliminary hearing to determine whether there is enough evidence to go to trial on the filed charges is scheduled for Dec. 9.

Boulder District Judge Thomas Mulvahill granted a prosecution request to set Waters's bond at $1 million bond.

Deputy District Attorney Catrina Weigel said the bond needs to be high because the charges are serious, Waters previously has failed to appear in court on more minor charges, and he has "no ties to any community in the state of Colorado."

The statement about lack of community ties drew gasps from several members of Boulder's homeless community who were in the courtroom to support Waters. Many who know him say they have never seen him be violent and believe his claim of self-defense.

Colorado court records indicate that a Charles Edward Waters with the same birth date as the defendant was previously arrested in Adams County on suspicion of child abuse and pleaded guilty to reckless endangerment in 2007. A restraining order also was taken out against him as part of divorce proceedings there.

Waters also was arrested by Boulder police on suspicion of camping without a permit earlier this year and by Aurora police on suspicion of harassment in 2010. Warrants for failure to appear were issued for Waters in both of those cases, court records show.

Defense attorney Eric Zale said he may ask for a lower bond soon. He also expressed concern about media publicity around the case.

Rasnick, the victim, pleaded guilty to theft in Boulder earlier this year. Colorado court records do not show any other arrests here for either of the victims.

Enos Rasnick, the victim's uncle, who lives in Indiana, said his nephew was living with his sister in Virginia up until two or three months ago.

Enos Rasnick said he bought Johnny Rasnick a bus ticket to Utah, where he was hoping to find work. But he got a call from Johnny Rasnick about eight weeks ago from a Days Inn in Boulder.

"He had some problems with drugs or alcohol, and he was trying to find his way back," Rasnick said. "He was a good person, but he was troubled. He was just searching for something."

Enos Rasnick said his nephew had been to rehabilitation and mental institutions from the time he was in high school. He also left behind three daughters and a son in Virginia.

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